JACKSON HEIGHTS, NY – Individuals injured on government-owned property in New York face strict filing deadlines that differ significantly from claims against private parties. Queens personal injury attorney Keetick L. Sanchez of K L Sanchez Law Office (https://accidentlawyer-queens.com/what-to-do-if-you-are-injured-in-a-public-place-in-new-york/) outlines the 90-day notice of claim requirement and other critical steps injured individuals must take to protect their right to compensation.

According to Queens personal injury attorney Keetick L. Sanchez, one of the most critical differences between suing a government entity and a private party is the notice of claim requirement under New York statute 50-e. Injured individuals must file a notice of claim within 90 days of the injury when the incident occurs on property owned by New York City, New York State, counties, towns, villages, school districts, or other public corporations. This deadline is strictly enforced, and courts rarely grant extensions beyond the 90 days.

Queens personal injury attorney Keetick L. Sanchez emphasizes that the actions taken in the hours and days following an injury on government property can significantly impact the ability to recover compensation. Injured individuals should seek medical attention right away, even if injuries seem minor. Some injuries, like concussions or internal bleeding, may not show symptoms immediately. A doctor’s examination creates a medical record that links the injuries to the accident, which is critical evidence in any claim.

Reporting the incident to the government agency responsible for maintaining the property is essential. For sidewalk injuries, individuals should contact the New York City Department of Transportation. For park injuries, the New York City Department of Parks and Recreation should be notified. For injuries in government buildings, the report should go to building management or security.

Public property injuries occur across a wide range of locations throughout Queens. Sidewalk defects cause frequent injuries along major corridors like Queens Boulevard, Roosevelt Avenue in Jackson Heights, and Northern Boulevard. The City of New York is responsible for maintaining most public sidewalks, though property owners may share liability in some circumstances. Parks throughout Queens, including Flushing Meadows Corona Park, Forest Park, and Astoria Park, see injuries from poor maintenance, broken playground equipment, or unmarked hazards.

“However, for sidewalk defect cases, the city can only be held liable if it had prior written notice of the specific defect that caused the injury,” notes Sanchez. “This means someone must have previously reported the exact hazard to the city, or the city must have repaired the area before.”

Attorney Sanchez points out that the notice of claim is a formal written document that notifies the government entity of the intention to sue. It must include the claimant’s name and address, the date and location of the incident, the nature of the claim, the injuries sustained, and the amount of damages sought. For claims against New York City, the notice must be filed with the Office of the New York City Comptroller.

Different government entities require claims filed in different places. New York City claims go to the Comptroller’s Office, state claims go to the Court of Claims, and Metropolitan Transportation Authority claims follow municipal filing requirements. The MTA operates subways, buses, and commuter rail systems throughout New York, and injuries at subway stations, on buses, or at MTA facilities may result in claims against the authority.

To win a claim against a government entity, injured individuals must prove the entity owed a duty of care, breached that duty through negligent maintenance or failure to address hazards, and that breach directly caused the injury. For New York City sidewalk cases, demonstrating prior written notice is required.

“If individuals miss the 90-day deadline, they can petition the court for permission to file a late notice of claim, but courts grant these petitions only in exceptional circumstances,” adds Sanchez. “Individuals must show a reasonable excuse for the delay, that the government entity had actual knowledge of the essential facts, and that the delay did not substantially prejudice the government’s ability to investigate.”

When a successful claim is filed against a government entity, compensation can include medical expenses for all treatment related to the injury, including emergency room visits, hospital stays, surgery, medications, physical therapy, and follow-up appointments. Lost wages during the recovery period can also be recovered, along with compensation for pain and suffering. New York does not impose general caps on damages in personal injury cases against government entities.

About K L Sanchez Law Office:

K L Sanchez Law Office is a Jackson Heights-based law firm representing injured individuals in claims against government entities throughout New York. Led by attorney Keetick L. Sanchez, the firm handles premises liability cases involving public property, including claims against New York City, New York State, and other government entities. For consultations, call (646) 701-7990.

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Company Name: K L Sanchez Law Office, P.C.
Contact Person: Keetick Sanchez
Email: Send Email
Phone: (646) 701-7990
Address:37-06 82nd St #304
City: Jackson Heights
State: New York 11372
Country: United States
Website: https://accidentlawyer-queens.com/